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STATE v. KATELY

270 N.J. Super. 356 (1994)

637 A.2d 214

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DANIEL EDWARD KATELY, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE KATELY, SR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1994.

Attorney(s) appearing for the Case

George T. Daggett argued the cause for respondents (Daggett & Kraemer, attorneys; Mr. Daggett, of counsel and on the letter briefs).

Thomas E. Bracken, Assistant Sussex County Prosecutor, argued the cause for respondent (Dennis O'Leary, Sussex County Prosecutor, attorney; Mr. Bracken, of counsel and on the letter briefs).

Before Judges MICHELS, KESTIN and WEFING.

The opinion of the court was delivered by MICHELS, P.J.A.D.

Following a joint jury trial, defendant Daniel Edward Kately was convicted of (1) death by auto, a crime of the third degree, in violation of N.J.S.A. 2C:11-5; (2) two counts of witness tampering, a crime of the third degree, in violation of N.J.S.A. 2C:28-5a, and (3) driving while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50. Defendant George Kately, Sr...

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